Hoguet v. Wallace

The opinion of the Court was delivered by

Whelpley, J.

The plaintiff in certiorari asked the Circuit Court of Sussex county to award to him, on his judgment against a defendant, moneys raised upon other judgments prior to his against the same defendant, on the ground that those judgments were void because they were entered in vacation upon cognovits and assessments of damages by the clerk before the time for pleading was out. The defendant in the cognovits expressly consented to their entry in vacation. The court refused the plaintiff’s motion, and this certiorari is brought to reverse the…